Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 24153-24155 [2018-11120]
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Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices
VI. Preemption
DEPARTMENT OF TRANSPORTATION
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
Federal Motor Carrier Safety
Administration
VII. Conclusion
Based upon its evaluation of the 23
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, 49 CFR
391.41(b)(10), subject to the
requirements cited above:
sradovich on DSK3GMQ082PROD with NOTICES
Michael W. Belknap (VT)
Scott M. Cavanaugh (OK)
James M. Ferry (OH)
Jacob A. Hehr (IL)
Mike B. Houston (OR)
Marvin R. Knecht (ND)
Paul H. Knott (ND)
Randolph W. Lewis (CA)
John M. Moore (LA)
Martin Munoz (TX)
Edwin Quiles (FL)
Vernon L. Reed (OR)
Joshua A. Rhynd (ME)
Douglass L. Riddell (CA)
Michael C. Stevelman (NJ)
Sedrick Straughter (IL)
Michael Talley (OK)
Edward G. Thurston, III (TX)
Gerald A. Vaughn (OH)
John Henrey R. Viljoen (ND)
Kenneth E. Wheland (PA)
Richard E. Wixom (MI)
Mohammad J. Yousufzai (NJ)
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for two years from the effective date
unless revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: May 16, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–11124 Filed 5–23–18; 8:45 am]
BILLING CODE 4910–EX–P
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Jkt 244001
[Docket No. FMCSA–2018–0052]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from seven individuals for
an exemption from the prohibition in
the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to control a commercial motor
vehicle (CMV) to drive in interstate
commerce. If granted, the exemptions
would enable these individuals who
have had one or more seizures and are
taking anti-seizure medication to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before June 25, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0052 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
SUMMARY:
PO 00000
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24153
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period if it
finds ‘‘such exemption would likely
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The seven individuals listed in this
notice have requested an exemption
from the epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8).
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
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Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist Medical Examiners in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce. [49 CFR part 391,
APPENDIX A TO PART 391—MEDICAL
ADVISORY CRITERIA, section H.
Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5.]
The advisory criteria states the
following:
If an individual has had a sudden
episode of a non-epileptic seizure or
loss of consciousness of unknown cause
that did not require anti-seizure
medication, the decision whether that
person’s condition is likely to cause the
loss of consciousness or loss of ability
to control a CMV should be made on an
individual basis by the Medical
Examiner in consultation with the
treating physician. Before certification is
considered, it is suggested that a sixmonth waiting period elapse from the
time of the episode. Following the
waiting period, it is suggested that the
individual have a complete neurological
examination. If the results of the
examination are negative and antiseizure medication is not required, then
the driver may be qualified.
In those individual cases where a
driver had a seizure or an episode of
loss of consciousness that resulted from
a known medical condition (e.g., drug
reaction, high temperature, acute
infectious disease, dehydration, or acute
metabolic disturbance), certification
should be deferred until the driver has
recovered fully from that condition, has
no existing residual complications, and
is not taking anti-seizure medication.
Drivers who have a history of
epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years,
may be qualified to operate a CMV in
interstate commerce. Interstate drivers
with a history of a single unprovoked
seizure may be qualified to drive a CMV
in interstate commerce if seizure-free
and off anti-seizure medication for a
five-year period or more.
As a result of Medical Examiners
misinterpreting advisory criteria as
regulation, numerous drivers have been
prohibited from operating a CMV in
interstate commerce based on the fact
that they have had one or more seizures
1 See https://www.ecfr.gov/cgi-bin/text-idx?SID=
e47b48a9ea42dd67d999246e23d97970&mc=
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
and https://www.gpo.gov/fdsys/pkg/CFR-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391appA.pdf.
VerDate Sep<11>2014
18:10 May 23, 2018
Jkt 244001
and are taking anti-seizure medication,
rather than an individual analysis of
their circumstances by a qualified
Medical Examiner based on the physical
qualification standards and medical best
practices.
On January 15, 2013, FMCSA
announced in a Notice of Final
Disposition titled, Qualification of
Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR
3069), its decision to grant requests from
22 individuals for exemptions from the
regulatory requirement that interstate
CMV drivers have ‘‘no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause loss of consciousness
or any loss of ability to control a CMV.’’
Since the January 15, 2013 notice, the
Agency has published additional
notices granting requests from
individuals for exemptions from the
regulatory requirement regarding
epilepsy found in 49 CFR 391.41(b)(8).
To be considered for an exemption
from the epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8),
applicants must meet the criteria in the
2007 recommendations of the Agency’s
Medical Expert Panel (MEP) (78 FR
3069).
II. Qualifications of Applicants
Scott D. DeJarnette
Mr. DeJarnette is a 54-year old Class
DB driver in Kentucky. He has a history
of epilepsy and has been seizure free
since 1988. He takes anti-seizure
medication, with the dosage and
frequency remaining the same since
2009. His physician states that he is
supportive of Mr. DeJarnette receiving
an exemption.
James R. Grant
Mr. Grant is a 60-year-old Class
CDL–A MC driver in New Hampshire.
He has a history of epilepsy and has
been seizure free since 1993. He takes
anti-seizure medication, with the dosage
and frequency remaining the same since
2015. His physician states that she is
supportive of Mr. Grant receiving an
exemption.
Jesse Hansen
Mr. Hansen is a 35-year-old Class D
driver in Minnesota. He has a history of
generalized epilepsy and has been
seizure free since 2003. He takes antiseizure medication, with the dosage and
frequency remaining the same since
2003. His physician states that he is
supportive of Mr. Hansen receiving an
exemption.
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Troy L. Nichols
Mr. Nichols is a 47-year-old Class A
driver in Illinois. He has a history of
complex partial seizures and has been
seizure free since 2001. He takes antiseizure medication, with the dosage and
frequency remaining the same since
2008. His physician states that he is
supportive of Mr. Nichols receiving an
exemption.
Nick J. Ramirez
Mr. Ramirez is a 39-year-old Class C
driver in California. He has a history of
epilepsy and has been seizure free since
2010. He takes anti-seizure medication,
with the dosage and frequency
remaining the same since 2008. His
physician states that he is supportive of
Mr. Ramirez receiving an exemption.
Scott A. Ready Sr.
Mr. Ready is a 52-year-old Class D
driver in Wisconsin. He has a history of
a seizure disorder and has been seizure
free since 2005. He takes anti-seizure
medication, with the dosage and
frequency remaining the same since
2010. His physician states that she is
supportive of Mr. Ready receiving an
exemption.
Michael A. Warren
Mr. Warren is a 35-year-old Class C
Driver in Michigan. He has a history of
a seizure disorder and has been seizure
free since 2007. He takes anti-seizure
medication, with the dosage and
frequency remaining the same since
2013. His physician states that he is
supportive of Mr. Warren receiving an
exemption.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the dates section of the notice.
IV. Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2018–0052 and click the search
button. When the new screen appears,
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Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
materials received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–FMCSA–2018–0052 and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to this notice.
Issued on: May 16, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–11120 Filed 5–23–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0321]
Agency Information Collection
Activities; Renewal of a Currently
Approved Information Collection
Request: Generic Clearance of
Customer Satisfaction Surveys
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. The Executive Order directs
Federal agencies to provide service to
the public that matches or exceeds the
best service available in the private
sector. In order to work continuously to
ensure that our programs are effective
and meet our customers’ needs, the
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SUMMARY:
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FMCSA seeks to obtain OMB approval
of a currently approved generic
clearance to collect feedback on our
service delivery. By feedback, we mean
information that provides useful
insights on perceptions and opinions,
but are not statistical surveys that yield
quantitative results that can be
generalized to the population of study.
On January 19, 2018, FMCSA published
a notice in the Federal Register
allowing for a 60-day comment period
on this ICR. The Agency received one
comment in response to the notice. The
comment was unrelated to the
information collection. Therefore, no
agency response was necessary.
DATES: Please send your comments by
June 25, 2018. OMB must receive your
comments by this date in order to act on
the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2017–0321. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Ms.
Roxane Oliver, FMCSA, Office of
Analysis, Research and Technology,
Analysis Division/MC–RRA. Telephone
(202) 385–2324; or email
Roxane.Oliver@dot.gov. Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Title: Generic Clearance of Customer
Satisfaction Surveys.
OMB Control Number: 2126–0061.
Type of Request: Renewal of currently
approved collection.
Respondents: State and local agencies;
general public and stakeholders;
original equipment manufacturers
(OEM) and suppliers to the commercial
motor vehicle (CMV) industry; fleets,
owner-operators, state CMV safety
agencies, research organizations and
contractors; news organizations, safety
advocacy groups; and other Federal
agencies.
Estimated Number of Respondents:
5,900 [5,000 customer satisfaction
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24155
survey respondents + 100 listening
sessions/stakeholder feedback forums
respondents + 300 focus group
respondents + 500 strategic planning
customer satisfaction survey
respondents].
Estimated Time per Response: Range
from 10–120 minutes per response.
Expiration Date: July 31, 2018.
Frequency of Response: Generally, on
an annual basis.
Estimated Total Annual Burden:
1,758 hours [833 hours for customer
satisfaction surveys + 200 hours for
listening sessions/stakeholder feedback
forums + 600 hours for focus groups +
125 hours for strategic planning
customer satisfaction surveys].
Background: In accordance with the
Paperwork Reduction Act of 1995,
FMCSA invites public comments about
our intention to request the OMB
approval to renew a previously
approved information collection.
Executive Order 12862 Setting Customer
Service Standards, and most recently
updated in Executive Order 13571,
requires the Federal Government to
provide the ‘‘highest quality service
possible to the American people.’’
Under the order, the ‘‘standard of
quality for services provided to the
public shall be: Customer service equal
to the best in business.’’ In order to
work continuously to ensure that our
programs are effective and meet our
customers’ needs, FMCSA seeks to
obtain OMB approval of a currently
approved generic clearance to collect
qualitative feedback from our customers
on our service delivery. The surveys
covered in this generic clearance will
provide a means for FMCSA to collect
this data directly from our customers.
By qualitative feedback we mean
information that provides useful
insights on perceptions and opinions,
but are not statistical surveys that yield
quantitative results that can be
generalized to the population of study.
This feedback will provide insights into
customer or stakeholder perceptions,
experiences and expectations, provide
an early warning of issues with service,
or focus attention on areas of
communication, training or changes in
operations that might improve delivery
of products or services. These
collections will allow for ongoing,
collaborative and actionable
communications between the Agency
and its customers and stakeholders. It
will also allow feedback to contribute
directly to the improvement of program
management.
The solicitation of feedback will target
areas such as: Timeliness,
appropriateness, accuracy of
information, courtesy, efficiency of
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]]>Agencies
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Notices]
[Pages 24153-24155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11120]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0052]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from seven individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before June 25, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0052 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The seven individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
[[Page 24154]]
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8), paragraphs
3, 4, and 5.]
---------------------------------------------------------------------------
\1\ See https://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------
The advisory criteria states the following:
If an individual has had a sudden episode of a non-epileptic
seizure or loss of consciousness of unknown cause that did not require
anti-seizure medication, the decision whether that person's condition
is likely to cause the loss of consciousness or loss of ability to
control a CMV should be made on an individual basis by the Medical
Examiner in consultation with the treating physician. Before
certification is considered, it is suggested that a six-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
As a result of Medical Examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV in interstate commerce based on the fact that they have had one or
more seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified Medical
Examiner based on the physical qualification standards and medical best
practices.
On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).
To be considered for an exemption from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (MEP) (78 FR 3069).
II. Qualifications of Applicants
Scott D. DeJarnette
Mr. DeJarnette is a 54-year old Class DB driver in Kentucky. He has
a history of epilepsy and has been seizure free since 1988. He takes
anti-seizure medication, with the dosage and frequency remaining the
same since 2009. His physician states that he is supportive of Mr.
DeJarnette receiving an exemption.
James R. Grant
Mr. Grant is a 60-year-old Class CDL-A MC driver in New Hampshire.
He has a history of epilepsy and has been seizure free since 1993. He
takes anti-seizure medication, with the dosage and frequency remaining
the same since 2015. His physician states that she is supportive of Mr.
Grant receiving an exemption.
Jesse Hansen
Mr. Hansen is a 35-year-old Class D driver in Minnesota. He has a
history of generalized epilepsy and has been seizure free since 2003.
He takes anti-seizure medication, with the dosage and frequency
remaining the same since 2003. His physician states that he is
supportive of Mr. Hansen receiving an exemption.
Troy L. Nichols
Mr. Nichols is a 47-year-old Class A driver in Illinois. He has a
history of complex partial seizures and has been seizure free since
2001. He takes anti-seizure medication, with the dosage and frequency
remaining the same since 2008. His physician states that he is
supportive of Mr. Nichols receiving an exemption.
Nick J. Ramirez
Mr. Ramirez is a 39-year-old Class C driver in California. He has a
history of epilepsy and has been seizure free since 2010. He takes
anti-seizure medication, with the dosage and frequency remaining the
same since 2008. His physician states that he is supportive of Mr.
Ramirez receiving an exemption.
Scott A. Ready Sr.
Mr. Ready is a 52-year-old Class D driver in Wisconsin. He has a
history of a seizure disorder and has been seizure free since 2005. He
takes anti-seizure medication, with the dosage and frequency remaining
the same since 2010. His physician states that she is supportive of Mr.
Ready receiving an exemption.
Michael A. Warren
Mr. Warren is a 35-year-old Class C Driver in Michigan. He has a
history of a seizure disorder and has been seizure free since 2007. He
takes anti-seizure medication, with the dosage and frequency remaining
the same since 2013. His physician states that he is supportive of Mr.
Warren receiving an exemption.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.
IV. Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0052 and click
the search button. When the new screen appears,
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click on the blue ``Comment Now!'' button on the right hand side of the
page. On the new page, enter information required including the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to https://www.regulations.gov and in the search box insert
the docket number FMCSA-FMCSA-2018-0052 and click ``Search.'' Next,
click ``Open Docket Folder'' and you will find all documents and
comments related to this notice.
Issued on: May 16, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11120 Filed 5-23-18; 8:45 am]
BILLING CODE 4910-EX-P
